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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 08, 2024
Gamers Can't Block Microsoft From 'Dismantling' Activison
A California federal judge on Monday refused to block Microsoft from further integrating Activision Blizzard into its business after it acquired the gaming titan last year, saying the gamers who are still challenging the union between the companies have a similar motion pending before the Ninth Circuit.
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April 08, 2024
Oppenheimer Beats FINRA Arbitration Bid By Ponzi Victims
Financial services company Oppenheimer & Co. Inc. has blocked a bid by investors seeking to arbitrate claims before the Financial Industry Regulatory Authority that attempted to keep the company on the hook for a Ponzi scheme orchestrated by a former Oppenheimer-registered broker.
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April 08, 2024
Sex Life Had No Place In Sex Harassment Trial, 9th Circ. Told
An ex-Behemoth worker asked the Ninth Circuit on Monday to order a new trial after a jury rejected his sexual harassment and hostile work environment suit against the video game company, arguing the district court erroneously allowed jurors to hear about his sex life and vulgar speech.
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April 08, 2024
Film Producer To Take $5.7M 9th Circ. Award Fight To Justices
An investor in a failed venture to develop a "revolutionary" chemical-manufacturing technology has said he will ask the U.S. Supreme Court to decide whether a $5.7 million arbitral award issued to the venture's founders was properly enforced by the Ninth Circuit.
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April 08, 2024
Citibank Can't Dodge Liability After Escrow Theft
A Washington state appeals court said Monday that Citibank and a predecessor lender can't avoid liability after an escrow agent allegedly embezzled nearly $1 million from a real estate company's refinancing deals, in an opinion that said the trial court failed to correctly apply controlling case law still "good" after 70 years.
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April 08, 2024
Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes Say
A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.
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April 08, 2024
Red Robin Reaches $600K Deal To End EEOC Claims In Wash.
Red Robin has agreed to pay $600,000 and bolster its anti-sexual harassment policies to end a U.S. Equal Employment Opportunity Commission lawsuit alleging a line cook in Washington state retaliated against female co-workers for objecting to his offensive comments, according to a proposed consent decree filed in federal court in Seattle.
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April 08, 2024
9th Circ. Urged To Revive J&J, Bausch Talc False Ad Suit
An attorney for a proposed class alleging they were misled by Johnson & Johnson and Bausch Health about their talc products' safety urged a Ninth Circuit panel on Monday to revive the suit, saying a lower court erred in finding his clients needed to point to specific advertisements that misled them.
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April 08, 2024
Consumers Fight Amazon's E-Book Appeal Ask
Amazon shouldn't get to go to the Second Circuit after a federal judge refused to toss a proposed class action accusing the e-commerce giant of monopolizing the e-book market, according to consumers who have urged that judge not to seek another opinion on whether they lack standing.
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April 08, 2024
9th Circ. Doubts Quick Section 230 Appeal In Casino App Suits
A Ninth Circuit panel appeared skeptical Monday of weighing in on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, with two judges saying that the interlocutory appeal is "premature" and "confusing."
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April 08, 2024
Starbucks Drops TM Suit After Fake Websites Go Dark
Starbucks has agreed to drop a trademark lawsuit claiming a pair of websites ripped off its "twin-tailed siren" logo and other brand material to sell fake franchise deals, saying in a recent Washington federal court filing that the allegedly unauthorized activity has stopped.
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April 08, 2024
AT&T Seeks Justices' Review Of 9th Circ. 401(k) Suit Revival
AT&T has asked the U.S. Supreme Court to review a Ninth Circuit decision reviving retirement plan mismanagement claims against the telecom giant, arguing that a panel defied court precedent and deepened a circuit split with its ruling knocking out AT&T's summary judgment win.
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April 08, 2024
Key Congressional Leaders Float Sweeping Data Privacy Bill
The heads of the U.S. Senate and House commerce committees have taken a major step toward enacting a comprehensive federal consumer data privacy framework, reaching a long-awaited deal on proposed legislation that would minimize the personal data companies can gather, allow consumers to bring lawsuits and eliminate a growing patchwork of state laws.
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April 05, 2024
COVID App Takes Another Shot At Apple With Justices
App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.
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April 05, 2024
9th Circ. Revives Pump-And-Dump Action Against Cartoon Co.
The Ninth Circuit on Friday revived a securities class action accusing children's entertainment company Genius Brands International Inc. of running a pump-and-dump scheme in its stock, and in doing so likened the court's mission to that of the heroes of the company's cartoon production "Rainbow Rangers."
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April 05, 2024
Justices Urged To 'Shut The Door' On Meta Disclosure Suit
The U.S. Supreme Court should "shut the door" on private securities lawsuits that could create a bloated disclosure regime and hurt businesses and investors alike, the U.S. Chamber of Commerce said Friday in a brief backing Meta Platforms Inc.'s call for the justices to hear a shareholder proposed class action over the Cambridge Analytica data abuse scandal.
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April 05, 2024
Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'
Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.
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April 05, 2024
FCC Says Carrier Must Kill Tax Relief Scam Robocalls
The Federal Communications Commission says it's doing some spring-cleaning and will be clearing out entities supporting clients that make illegal robocalls, starting with a company that has been allowing a client to send out some 15 million calls about a fake tax relief program.
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April 05, 2024
Boeing Pays Alaska Airlines $160M For 737 Midair Blowout
The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.
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April 04, 2024
Homeowner Asks 9th Circ. To Rethink Fire Coverage Ruling
A woman who was prevented from coverage of a 2021 house fire by the Ninth Circuit asked the court to rehear her case, arguing among other things that she did not lie to her insurer about renting her home, because she didn't fill out the insurance application.
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April 04, 2024
9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor
The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.
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April 04, 2024
Parents Deny Need For Defect In Amazon Suicide Suit
Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.
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April 04, 2024
Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks
Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."
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April 04, 2024
Wash. AG Defends Authority To Block Kroger-Albertsons Deal
The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.
Expert Analysis
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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When Courts Engage In Fact-Finding At The Pleading Stage
It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Beware Privacy Risks In Training AI Models With Health Data
Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.
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Opinion
Courts Shouldn't Credit Allegations From Short-Seller Reports
Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.